§ 8-456. Appeals.

(a)

Effective December 1, 2016, any prior board authorized by this section is abolished, and the term of any member is terminated. After December 1, 2016, any person affected by a written order by the public officer, as provided for in this division, following a hearing before such public officer, may appeal the finding of the public officer to the board of code appeals, which shall consist of three members with one member appointed by the mayor, one member appointed by the at large district 1 commissioner, and one member appointed by the at large district 2 commissioner. The board shall convene to hear any appeal properly before it. After the board has rendered its decision for any appeal properly before it, it shall be dissolved and re-constituted for any subsequent appeal. Any such appeal request shall be filed within the period of not less than ten days nor more than 30 days after the order of the public officer. Notice of such appeal shall be served by the appellant upon all parties entitled to notice under section 8-451 and in the manner provided in section 8-455. Following the conclusion of the hearing on any such appeal, the board shall enter an order affirming, reversing or modifying the order of the public officer, which shall become the order of the public officer for purposes of K.S.A. 17-4759(e).

(b)

In order to perfect the appeal, the appellant must post a deposit equal to the fee for obtaining a building permit or demolition permit based upon the information contained in the order issued pursuant to section 8-452. Said deposit shall not be refundable but shall be applied toward the cost of any permits requested and issued to the appellant regarding the subject property.

(c)

Any person affected by an order issued by the board may petition the district court of the county for an injunction restraining the public officer from carrying out the provisions of the order and for such further relief as may be authorized pursuant to K.S.A. 17-4759(e).

(Code 1988, § 8-357; Ord. No. 65792, § 3, 4-1-1993; Ord. No. O-112-98, § 2, 12-17-1998; Ord. No. O-65-16 , § 1, 11-17-2016)